HomeMy WebLinkAboutZ-9730-91 Orle Circle - BOA Staff RptNOVEMBER 17, 2022
ITEM NO. 4 Z-9730
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File No.: Z-9730
Owners: Reddy Sanjeeva Onteddu & Sukanthi Kovvuru
Applicant: Hemachand Atluri – HRPG HOMES LLC
Address: 91 Orle Circle
Legal Description: Lot 44, Block 113 of Chenal an Addition to the City of Little
Rock, Pulaski County, Arkansas
Zoned: R-2
Present Use: Vacant
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from the building line regulations of
Sec. 31-12 to allow the encroachment of structure across a
platted building line.
A variance is requested from the area provisions of Section
36-156(a)(2)(f) to allow an accessory building with a reduced
setback from a side and rear yard property line.
Justification: The applicant’s justification is presented as per the attached
letter.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comments.
B. Buffering and Landscape Comments:
No Comments.
C. Building Codes Comments:
The required fire separation distance (building to property line) prescribed by the
building code terminates at five (5) feet. Buildings are allowed to be closer than five
5) feet if they have properly constructed fire walls which provide the requisite one
1) hour fire resistance rating. When buildings are five (5) feet or more from the
NOVEMBER 17, 2022
ITEM NO. 4 Z-9730
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property line, the requirement no longer applies to the wall itself, only the
projections such as eaves or overhangs.
Openings such as doors and windows are limited when the exterior wall is three (3)
feet from the property line, and are prohibited when the exterior wall is less than
three (3) feet from the line. There is no restriction on openings when the exterior
wall is more than three (3) feet from the property line.
Contact the City of Little Rock Building Codes at 371-4832 for additional details.
D. Staff Analysis:
The R-2 zoned property located in the Chenal neighborhood is located within the
gated community of Orle. The property at 91 Orle Circle is positioned on the south
side of the road and is currently under construction and being developed with a
single-family residence. The adjacent and surrounding R-2 zoned parcels are either
under construction, undeveloped, or occupied by single-family residences. The site
is located in the northwest portion of this development. The terrain along this section
of Orle Circle is generally characterized as having a higher elevation on the west of
the development and steeply sloping eastward on both of the street to the to the
lower elevation properties at the east end of the neighborhood.
The new home is being constructed within the prescribed setbacks however, due to
the steeply sloping terrain retaining walls will be incorporated to manage the grades
of the site. The applicant has stated that the site has a significant slope with a
finished grade 7-feet lower than the adjacent property to the west while the parcel to
the east will sit 8-feet below the subject property when completed. In an effort to
lessen the slopes within the property and provide a level access and foundation for
the home the applicant is proposing the use of retaining walls which will be required
to cross the front building line. These significant walls are shown to be placed
adjacent to the both the east and west property lines and extend to the rear limits of
the parcel.
The retaining wall proposed on the west side of the property will cross a platted 25-
foot front building line 8-feet. At the front of the property the wall is proposed to be
7-feet in height. As it meets the west property line it will travel south towards the
back of the property where it will decrease vertically to 1-foot and terminate on the
property line. The proposed retaining wall located on the east property line is also
shown to cross the platted building line 8-feet. The finished grade of the neighboring
property will be 8-feet below the retaining wall at the front of the property sloping to
the south increasing the height of the wall to 10-feet at the back property line when
viewed from the neighbor’s lower level.
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ITEM NO. 4 Z-9730
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The property owner has noted that the walls will not cross into the platted 15-foot
utility easement at the front of the property. And the retaining wall on the east side
of the property will allow access to the home at street level.
Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances
where a recorded subdivision plat has established building setback lines in
accordance with this chapter variances of those lines shall only be granted by the
Board of Adjustment." Therefore, the applicant is requesting a variance to allow a
reduction of the 25-foot platted front building line to 17-feet on both the east and
west perimeters of the site.
Section 36-156(a)(2)(f) requires a minimum of 3 feet of separation between an
accessory structure and an adjacent property line. Therefore, the applicant requests
a variance to allow a minimum of 0-feet to construct the retaining walls on the south
(rear), east and west (side) property lines.
Based on the above analysis, Staff believes the proposal is in keeping with the
character and scale of the neighborhood and views the variance to construct the
retaining wall across the front platted building line as reasonable. However, staff
cannot support the request to construct the retaining walls on the property lines
without a dedicated access easement. Staff could endorse a proposal placing any
construction a minimum of 3-feet from the south (rear), east and west (side) property
lines locating the retaining walls within the minimum requirements for accessory
structures.
If the Board approves the requested building line setback variance, the applicant
must then produce a one-lot replat reflecting the approved change. As such, the
applicant must also review filing procedures with the County Clerk's office to
determine if the replat will require a revised Bill of Assurance and respond as
necessary and appropriate, as part of said replat.
E. Staff Recommendation:
Staff recommends approval of the requested platted front building line reduction
from 25 feet to a minimum of 17-feet as presented on the attached survey / site
plan with the following conditions:
Completion of a replat reflecting the above-described building line change.
The side and rear yard retaining walls are to be offset to the interior of the
site a minimum of 3-feet from the property lines.
Compliance with the Building Codes requirements as noted in paragraph C.
of the Staff report.
A building permit being obtained for all construction.
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